All we want to do is make students aware that there are other ways to find college money and serve your country without joining the military. But they're not getting the other side. 1
Sally Ferrell, a counter military recruiter from Wilkes County, North Carolina.
We're not going to allow her to do that anymore. We allow recruiters into the schools to recruit for post-high school opportunities. But she was not offering that.2
Stephen Laws, Superintendent of Wilkes County High
Schools, North Carolina
Winter 2011 / Phillip Ruben Nava / UIC Law Review - Ms. Ferrell, who is a member of a local counter-recruiting group, had previously been allowed to distribute pamphlets about alternatives to the military such as AmeriCorps and given access to set up "peace tables" inside the high school, alongside military recruiters' tables.3 However, after receiving complaints from, a principal in the district, the superintendent told her she was no longer welcome, citing her conduct as unpatriotic. 4
After unsuccessfully attempting to negotiate amicably with the school board, Ferrell turned to the ACLU for help.5 ACLU legal director, Katherine Parker, declared that it had no choice but to initiate litigation against the Wilkes County School District, citing constitutional issues. 6Some school districts rely on their school policies in denying access to counter-recruiters. 7 Yet other school districts are concerned that if they violate the No Child Left Behind Act, they will risk losing federal funding.8Counter-recruitment groups, which offer non-military alternative programs, as well as an education to students about the reality of military life, are now increasingly engaged in an equal access battle as a result of the current military recruitment practices. 9The fact that this is happening now is no surprise. Since U.S.military presence in Iraq and Afghanistan has surpassed the seven-year mark, the pressure for military recruiters to meet the demand for new recruits has greatly intensified.1 0
Additionally, the U.S. military death toll from operations in Iraq and Afghanistan is now in excess of 5500, which further boosts demand." As a result, military recruiters have increasingly turned to high schools to meet quotas, often engaging in overly aggressive, and at times illegal, recruiting tactics without proper supervision. 12
Ironically, high school policies have varied widely in terms of granting access to counter-recruiting groups nationwide.1 3 The limited federal precedent and overall lack of knowledge regarding the rights to equal access for counter-recruiting groups makes litigation against school districts likely in the near future. 14 Although much has been written about the reformation of military recruitment and related federal law, this Comment is limited to the legal rights of counter-recruiters and the public policy supporting their existence. The next section provides a brief history of the evolution of the all-volunteer military, discusses the No Child Left Behind Act NCLBA provision expanding military recruiter access to student information and high schools, and explores current military recruitment tactics. Part III analyzes applicable case law and constitutional arguments and will also discuss public policy support for counter-recruitment in high schools. Part IV sets forth solutions for amicably incorporating equal access for counter-recruiters and other groups offering alternatives to military enlistment.
History of an All-Volunteer Military
Voluntary recruitment of young men and women has been around since the early 1970s, when then-President Nixon created a commission that recommended that an all-volunteer military, instead of a compulsory draft, would best serve the United States.1 5 The government was forced to explore a voluntary option due to intense public criticism of the mandatory draft policies in place for both World Wars, the Korean conflict, and Vietnam.' 6
At first, there was noted opposition to the all-volunteer concept by some of the Army's uniformed leaders, including Major General George S. Patton.' 7 Patton objected to the concept because he feared that the Army would recruit "never do well" enlistees, and the Army would not be able to sustain the pay for quality personnel.' 8 These deficiencies, he concluded, would result in an ineffective system and a general loss of interest by society for military affairs.19
Nevertheless, the volunteer program went forward, even though the Armed Forces had a difficult time meeting their recruiting objectives. 20 The Secretary of the Army in 1973, Howard Callaway, set out to assure potential enlistees that service to the country was a meaningful part of his or her life, and not an interruption. 21 Furthermore, Secretary Callaway wanted to
Source: https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1053&context=lawreview
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